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Man wrongfully identified as Cleo Smith abductor launches defamation action
An Indigenous man falsely identified by the Seven Network as the person who had abducted Western Australian girl Cleo Smith has launched defamation proceedings, telling media that the ordeal had left him fearful of being attacked on the streets.
Naomi Neilson
Terrance Flowers, who goes by his mother’s name of Kelly on social media, was mistakenly identified by the Seven Network in broadcasts, in an online article and across social media posts despite his name being spelt differently to the man charged with Cleo Smith’s abduction. He told media that this had left him exposed to death threats online and abuse when he leaves his house.
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Together with using Mr Flowers’ name, Seven had taken images from Mr Flowers’ Facebook page to run with the incorrect stories and on social media without his consent. In the statement of claim, Mr Flowers’ lawyers said this was the first time that “any pictures” of a purported suspect was shared in relation to the story.
Mr Flowers will be represented by star defamation barrister Sue Chrysanthou SC, as well as barrister Louise Goodchild and O’Brien Criminal & Civil Solicitors senior lawyer Stewart O’Connell. In an earlier statement, the firm said that the effect of this error by the Seven Network had been devastating for Mr Flowers and his family.
“Mr Flowers recently became a father and, like everyone else throughout Australia, and particularly being a parent himself, he was hoping for Cleo’s safe return. Being identified as responsible for her abduction and disappearance was extremely distressing to him and to his family,” the firm shared in a media statement.
Cleo Smith was reunited with her family on 3 November after Western Australia Police located her alone in a house belonging to Carnarvon man Terence Darrell Kelly, who was taken into custody and charged with two offences, including forcibly or fraudulently taking, enticing away or detaining a child under the age of 16.
More to come.
